Federal Appeal


Labour Relations

JUDICIAL REVIEW
Appellants did not fall within definition for inclusion in standby pay

Appellants were members of R.C.M.P. emergency response team (“ERT”). Members of ERT were specially trained in use of various tactical procedures and weapons. Service on ERT was voluntary. Members of ERT were expected to be available to respond to emergency situations whenever they arose. Members were required to carry pager at all times and were not permitted to do anything that might impair their ability to respond to emergency situation. Members were not compensated for maintaining constant state of readiness. Appellants filed grievance seeking compensation for time spent on call. Adjudicator determined that appellants were not entitled to standby compensation for time spent on-call. Federal Court found that adjudicator’s decision was reasonable and dismissed application for judicial review. Appellants appealed. Appeal dismissed. Judge selected correct standard of review of reasonableness. Adjudicator had regard to applicable definition and reasonably applied it to appellants’ circumstances. It was open to adjudicator on record to have regard to applicable definition and to find that appellants did not fall within definition for inclusion in standby pay. Adjudicator’s decision was reasonable.

Irvine v. Canada (Attorney General) (Dec. 9, 2013, F.C.A., Pierre Blais C.J., Eleanor R. Dawson J.A., and James W. O’Reilly J.A. (ex officio), File No. A-43-13) Decision at 234 A.C.W.S. (3d) 514 was affirmed.  236 A.C.W.S. (3d) 210.

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